[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR650.15]



[Page 207-208]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.15  Appeals.



    (a) All actions by the NSF Patent Assistant under Sec. 650.8 

denying an inventor's request to retain rights to a subject invention, 

under Sec. 650.12 denying a request for waiver, or under Sec. 

650.14(d)



[[Page 208]]



denying the existence of a material dispute may be appealed to the 

Director of the NSF Division of Grants and Contracts by an affected 

party within thirty days. A request under Sec. 650.14(b) to immediately 

convey title to the Foundation may be appealed to the DGC Director by 

the title holder within five days.

    (b) All actions by a Grants and Agreements Officer or Contracting 

Officer refusing to eliminate restrictions on or limitation of the right 

of an awardee to retain title to subject inventions imposed under Sec. 

650.5 of this regulation may be appealed to the Director of the NSF 

Division of Contracts, Policy, and Oversight (CPO) by an affected party 

within thirty days.

    (c) A decision by the General Counsel to exercise a march-in right 

or to request conveyance of title may be appealed by the patent holder 

or any affected licensee to the NSF Deputy Director within thirty days. 

When a march-in was initiated in response to a petition, the General 

Counsel's decision not to exercise a march-in right or to exercise it in 

a manner different from that requested in the petition may be appealed 

by the petitioner to the NSF Deputy Director within thirty days.

    (d) In reviewing the actions of the NSF Patent Assistant, a Grants 

and Agreements Officer, a Contracting Officer, or the General Counsel, 

the CPO Director or NSF Deputy Director will consider both the factual 

and legal basis for the action or determination and its consistency with 

the policies and objectives of the Foundation and, if applicable, the 

Bayh-Dole Act (35 U.S.C. 200-212) and implementing regulations at part 

401 of title 37 of the Code of Federal Regulations.



[57 FR 18053, Apr. 28, 1992, as amended at 61 FR 51022, Sept. 30, 1996]